Munchun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31314 of 2023 Arising Out of PS. Case No.-129 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Munchun Kumar, Son Of Ram Bilash Ray @ Ram Vilas Ray Resident Of Village- Harpur Bhindi, Police Station- Tajpur,District- Samastipur ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 41(1),41(2) of the Excise Act, 2022.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 170.640 litres of liquor from a Bolero vehicle. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that he is not the owner of the vehicle and he came to be implicated by the Chaukidar for reasons best known to him. It is further submitted that Chaukidar in order to save the real culprit

Patna High Court CR. MISC. No.31314 of 2023(2) dt.23-05-2023 2/2 falsely implicated the petitioner, when admittedly, petitioner is a person with clean antecedent.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Samastipur in connection with Tajpur P. S. Case No.129 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T